Kimberly Long v. Deborah K. Johnson
736 F.3d 891
9th Cir.2013Background
- Petitioner Kimberly Long was convicted of second-degree murder in California for her boyfriend Conde's death; evidence was largely circumstantial.
- District court denied Long's habeas petition; California appellate court upheld the conviction.
- Petition argued the evidence was insufficient to prove guilt beyond a reasonable doubt under Jackson v. Virginia.
- Court reviews the district court's decision de novo with AEDPA 'double deference' to state court rulings.
- Key factual timeline: confrontation between Long and Conde, 1:20–2:09 a.m. window; no forced entry; murder weapon not found; inconsistencies in Long's statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence constitutionally sufficient under Jackson? | Long argues sufficiency fails under Jackson. | California contends there was substantial circumstantial evidence. | No, the California courts reasonably applied Jackson; sufficient evidence supported guilt. |
| Did the state court application of Jackson withstand AEDPA review? | Long asserts unreasonable application under AEDPA. | California asserts correct application under AEDPA standards. | Yes, state court decision was not objectively unreasonable. |
| May circumstantial evidence alone sustain a murder conviction? | Long notes potential gaps in circumstantial proof. | Circumstantial evidence can sustain a conviction. | Yes, circumstantial evidence permitted rational jury verdict. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standards for evaluating sufficiency of evidence in criminal cases)
- Lambert v. Blodgett, 393 F.3d 943 (9th Cir. 2004) (double deference under AEDPA for habeas review)
- United States v. Archdale, 229 F.3d 861 (9th Cir. 2000) (credibility and evidentiary inferences in jury evaluation)
- People v. Snow, 30 Cal.4th 43 (Cal. 2003) (circumstantial evidence can support murder conviction)
- Cordova Barajas, 360 F.3d 1037 (9th Cir. 2004) (circumstantial evidence sufficiency in federal review)
- Boyer v. Belleque, 659 F.3d 957 (9th Cir. 2011) (double deference under AEDPA in habeas appeals)